Landlord in Arrears with mortgage lender *HELP!*

AdrianC

OP...

It's very simple. This is an early-stage letter saying "Hello, borrower, remember us? This is what might happen eventually if you don't sort it."


So let's say the borrower doesn't get it sorted. The letters from the lender will get stroppier, and they'll start to imminently threaten a possession hearing. That will take months. Eventually, they'll get it.

...and you'll STILL be the tenant. Your tenancy will still be perfectly valid.
The lender will now be your new landlord. They might issue notice in accordance with your tenancy, or they might try to sell the property with a sitting tenant. Either way, nothing's happening in a hurry.

UNLESS you play silly games and try to throw a self-righteous strop. Then you'll get notice in short order for not paying rent.


Short version: Somebody thinks not paying for their accommodation is a great way to punish somebody for not paying for their accommodation.

Pixie5740

PasturesNew wrote: »

I totally get where you're coming from. This is one of the "hidden nasties with serious financial consequences" that can just be done to you on a whim.

You didn't pay a King's ransom to move in there, just to be given notice and need to save another King's ransom to move out.

Many people don't appreciate that the cost of agent fees, overlaps with rental dates and the cost of moving can, quite literally, cost somebody an ENTIRE YEAR'S DISPOSABLE INCOME simply because it's bl00dy expensive and they only have their income .... and no matter how hard you saved if this kept happening every year you might as well just give up....

But, you can't withhold rent.... and, ultimately, you will suffer because of somebody else's stupidity and lack of any thought or planning.

And yet you'll be "victim blamed" for feeling angry about it.

I've nothing to add except: I get it.

The OP is in Scotland. It's not legal for a letting agent to take anything more than the deposit and rent from the tenant so I'm not sure why you think a King's randsom was paid. Furthermore, the property being repossessed by the lender does not mean the OP has to leave the as soon as it's repossessed, the lender would still require a court order, and it takes months and months for a lender to even repossess a property from the borrower before getting started on the tenant.

The sensible course of action would be to contact the lender so that the lender is aware there is a tenant living there and to forward the letter from the lender to the landlord even if that's via the letting agent. However, the OP's default response is to withhold rent and continue to ignore everyone's advice whilst justifying why (s)he is going to withhold the rent.

quantumlobster

Smoothape wrote: »

Alright. I'll make this simple.

Reason not to pay rent:

If I am given an imminent eviction notice due to repossession in two months time and do not pay rent in that time I'll have a couple grand extra I can use to out forward on a new flat while my landlord deals with whatever implications for the incompetency that caused them to be in arrears with their mortgage. This gives me a substantial advantage to have money saved if I will be evicted anyways due to reposesson. It's better than to pretend nothing is wrong and then be told I am facing imminent eviction due to repossession without notice like you're suggesting.

I really do need to plan ahead more than to think it's not my concern and nothings wrong.

One way or another, this "couple of grand" will be recovered from you (with bells on), and the recovery will not be at your convenience, and it will leave a black mark on your credit rating for quite some time to come - making it much more difficult for you to obtain rented accommodation in future.

Pay your rent. It's not just your legal obligation, it's the morally correct thing to do.

bouicca21

I was in more or less the same position a few years ago, only in England. My case was worse because there had been a previous episode of nonpayment and a repossession order had been issued and then suspended. All the bank had to do was revive it.

As has been pointed out repossession proceedings take time. Banks don't like doing them and are likely to let the arrears build up quite a bit more before taking action. Even in my case where a possession order had already been granted, it was going to take many months before it would be implemented and the bank could not have chucked me out when it was.

Shelter were very helpful, but I got out anyway. I think the LL was playing brinkmanship and paid up - the property still has not changed ownership.

G_M

Op has had all the information and advice provided. Unusually, the advic from the 30 odd posters in this thread is pretty nigh on unanimous!


However he is clearly seeking support and justification for a course of action he has already decided on.


Further posting is pointless.

ThePants999

Why did you start this thread, OP, if you're not going to listen to a word you're being told?

davidmcn

Smoothape wrote: »

I opened the letter because it is not illegal to do so if there is reason of suspicion.

Just on this point - it's not illegal to open mail sent to your address. You don't need to find justification to do so.

Marvel1

This is yourself from just paying rent late, it would be worse not paying at all:
https://forums.moneysavingexpert.com/discussion/5773180

csgohan4

Long story short, OP has had a history of paying late in prev rentals and wants another excuse for a free lunch.

OP pay your dues, the LL not paying their mortgage is of no concern to you, repossessions take a long time and you will be given plenty of time and you don't have to leave if a section 21 comes or Scottish equiv.


OP why do you think you should not be paying rent like the rest of us? Why are you special, what is written in law you can get free rent?

Marvel1

POPPYOSCAR wrote: »

Exactly this.

The landlord will be happy when he learns you have opened his post!

I open mail automatically without looking at the front.